A PUB beer garden where John Lennon once courted future wife Cynthia Powell has been allowed to stay open by magistrates following a long-running legal battle.

Residents living around the famous Ye Cracke in Rice Street mounted a legal challenge to close the pub, complaining the beer garden caused excessive noise and invasion of privacy.

But a licensing committee last night upheld the 150-year-old pub's licence, following a day-long hearing at Liverpool Magistrates Court.

They ruled there was insufficient evidence of noise pollution to revoke the licence.

Manager Paul Moss was last night celebrating the ruling at the pub with friends and staff.

He said: "I am ecstatic that it went our way. I was a bit concerned because obviously we would have had to close the pub and I would have been out of a job.

"There were an awful lot of regulars who were very worried because they all like sitting out in the garden.

"It's the only beer garden in the city centre. I am very relieved and very happy."

Mr Moss said he would continue to close the beer garden at 8.30pm, despite having a licence to stay open until 9.30pm.

As a student, John Lennon frequently visited the city centre pub when he was supposed to be in class at the nearby Liverpool College of Art.

He met Cynthia at a college dance and arranged their first date in Ye Cracke.

In 1995, residents successfully fought plans for an extension of the pub's licence to the beer garden.

It remained closed until March, 1999, when Mr Moss took over and secured a licence, allowing drinking in the garden until 9.30pm.

But Hope Street Residents Association objected to the move, claiming the beer garden was an invasion of their privacy.

Chairman Janet Kent told magistrates the association did not oppose a licence for the main pub building, but wanted the beer garden to close.

Miss Kent said: "We are not killjoys. We just want to be able to take in the quiet enjoyment of our homes without constant noise from the beer garden."

Giving evidence in court, one resident who wished to remain anonymous said: "When I come home from work and open the windows it's very loud and I hear lots of people laughing and shouting.

"I come home wanting peace and quiet but I have to keep the windows closed.

"At the weekend I would like to use my back garden, but the noise from the Cracke means I have to stay indoors."

The court heard acoustics expert Ian Etchell carried out a detailed noise survey on behalf of the pub's management, Old Hall Inns and Taverns.

Mr Etchell concluded: "All practical steps have been taken to minimise noise from the premises.

"The infrequency of busy evenings in the beer garden, its early closing time, current trading practices and the lack of substantiated noise complaints does not justify the revocation of the premises' licence."